– in the House of Commons at 5:52 pm on 29 April 2024.
Votes in this debate
Rosie Winterton
Deputy Speaker (First Deputy Chairman of Ways and Means)
Before the House resolves itself into Committee, I draw the House’s attention to the instruction motions on the Order Paper. They are subject to selection by the Chair, and Mr Speaker has decided to select the motions in the name of Secretary Kemi Badenoch, to allow the Bill to extend to Northern Ireland, and in the name of Marion Fellows, to allow the Committee to make provision in the Bill for it to make provision relating to Scotland.
Motion made, and Question proposed,
That it be an Instruction to the Committee on the Post Office (Horizon System) Offences Bill that it has power to make provision in the Bill for it to extend to Northern Ireland.—(Robert Largan.)
Stephen Farry
Alliance, North Down
5:59,
29 April 2024
On behalf of the Justice Minister, First Minister and Deputy First Minister, and indeed Northern Ireland MPs, I want to put on record briefly our gratitude to the Minister and the Government for listening to the arguments we have put forward and for including Northern Ireland in the Bill. It has made an enormous difference and we are extremely grateful. I just wanted to make sure that that was properly placed on record.
Gavin Robinson
Shadow DUP Spokesperson (Defence), Shadow DUP Spokesperson (Home Affairs)
I agree with Stephen Farry and thank the Minister for reaching this point. There has been considerable effort and collaboration across the House and across parties. The hon. Gentleman mentioned most particularly the First Minister, the Deputy First Minister, the Justice Minister for Northern Ireland and, indeed, all Northern Ireland MPs, who are all agreeable to the aspiration of the instruction to the Committee. It is right that Northern Ireland be included in a UK-wide system, and the outcome should benefit our constituents who have been most deeply affected by the Horizon scandal.
Question put and agreed to.
Marion Fellows
Scottish National Party, Motherwell and Wishaw
6:00,
29 April 2024
I beg to move,
That it be an Instruction to the Committee on the Bill that it have leave to make provision relating to Scotland.
At the outset, let me say that if I cry this afternoon, it is not because I am upset; it is because I am angry and feel got at by other parties in this place, which are determined not to bring Scotland into the Bill.
This morning, Robert Thomson, Chris Dawson and Keith Macaldowie—three sub-postmasters—travelled from Scotland to be here to listen to the reasons that Scotland should not be included in the Bill. Unfortunately, there were two Urgent Questions, a statement and a train break-down, so they have had to go back and could not be here to watch the people in this House hold the fate of their exoneration in their hands.
There are huge legal misgivings about and potential constitutional implications to the Bill, as legal authorities across the United Kingdom have said. However, to use the words of the Minister of State, Department for Business and Trade, Kevin Hollinrake:
“We recognise that this is an exceptional step, but these are exceptional circumstances.”—[Official Report,
Vol. 743, c. 302.]
Postmasters across the United Kingdom want this exoneration Bill to succeed, as do those of us on the SNP Benches. It must succeed; we need to get the exoneration through this place in order that convicted sub-postmasters across the United Kingdom can claim compensation and redress for what they have suffered.
I have before me the witness statement from Robert Thomson, who, during his court case, had to sit down with his two young sons to tell them of the real possibility that he would have to go to prison. How awful is that? How awful it is for all the other sub-postmasters who have had to go through the very same experience?
Gavin Newlands
Shadow SNP Spokesperson (Transport)
My hon. Friend talks about going to prison. My constituent lost her liberty, her good name, her house, her marriage, her family—her whole existence—because of this situation. She has had to move to my Constituency —a life on her own. The Government are denying my constituent the justice she deserves. Does my hon. Friend agree that that is utterly shameful?
Marion Fellows
Scottish National Party, Motherwell and Wishaw
“Utterly shameful” does not even begin to describe it.
Right up until quite recently, the Government said that they would include Scotland in the Bill, but they have decided not to do so for spurious reasons. Today, I have been talking to sub-postmasters, and I have invited Scottish MPs to come and speak. The main reason some Scottish MPs, whether they are Liberal Democrats or Conservative Ministers, did not want to include Scotland was that the First Minister said that he did not want to see criminals exonerated when they were guilty. No one wants that—[Interruption.] I have heard the Minister himself say that previously in this House.
Patricia Gibson
Shadow SNP Spokesperson (Environment, Farming, Agriculture and Rural Affairs)
I admire the passion with which my hon. Friend is speaking on behalf of sub-postmasters. Does she agree that part of the sense of insult upon injury is that there is no proper explanation as to why Scotland cannot be included, so it looks like petty partisanship? And I have to say, Madam Deputy Speaker, that that is borne out by the chuntering, sniggering and laughter going on behind me as my hon. Friend speaks.
Marion Fellows
Scottish National Party, Motherwell and Wishaw
My hon. Friend is right: I am passionate about this. As chair of the all-party parliamentary group on post offices, I have deliberately worked on this issue, across parties, for years—I have worked with everyone. Indeed, when I wrote to the Prime Minister at one point, I had signatures from every party, including from a Member of Sinn Féin, a party that does not attend the House.
I have also heard it said today that the Lord Advocate does not want this. Well, at no point has the Lord Advocate taken a view on proposed legislation either in Westminster or in Holyrood. The Lord Advocate is not responsible for bringing cases of miscarriages of justice before the court of appeal in Scotland.
Alistair Carmichael
Liberal Democrat Spokesperson (Home Affairs), Liberal Democrat Spokesperson (Justice), Liberal Democrat Spokesperson (Northern Ireland)
I have worked with the hon. Lady in her role as chair of the APPG, and I commend her for her work over many years. The point about the Lord Advocate is surely that the route to justice must go through the Scottish Parliament, because the route to prosecution went through the Scottish Parliament. That is where the route of accountability lies. [Interruption.] There was some talk about chuntering earlier, but it seems to go in more than one way. I refer the hon. Lady to the comments of the Lord Advocate in the Scottish Parliament on
Marion Fellows
Scottish National Party, Motherwell and Wishaw
I do not think that was an edifying Intervention.
Joanna Cherry
Shadow SNP Spokesperson (Justice and Home Affairs), Chair, Human Rights (Joint Committee)
Will my hon. Friend take an edifying Intervention?
Joanna Cherry
Shadow SNP Spokesperson (Justice and Home Affairs), Chair, Human Rights (Joint Committee)
Is my hon. Friend as surprised as me that Mr Carmichael, a former prosecutor, does not understand that prosecutions do not go through the Scottish Parliament? The prosecution service in Scotland is completely independent of Parliament. That is a fundamental aspect of our constitution. Is she as shocked as me that the right hon. Gentleman does not understand that, and does she agree that the fact that he misses such a fundamental point rather undermines the force of his argument?
Marion Fellows
Scottish National Party, Motherwell and Wishaw
I thank my hon. and learned Friend for making that point. The body responsible for bringing miscarriages of justice before the court of appeal in Scotland is the Scottish Criminal Cases Review Commission, which is not under the spell of the Lord Advocate. That argument is spurious to say the least.
Chris Stephens
Shadow SNP Spokesperson (Immigration), Shadow SNP Spokesperson (Justice)
My hon. Friend is making an excellent speech. Is she aware of the evidence given by Professor James Chalmers of the University of Glasgow to the Justice Committee a couple of weeks ago? He was asked this very question, and he said that in his view, it was better that the legislation goes through this place with legislative consent motions in the Scottish Parliament, because it is tied directly to the UK compensation scheme for this area.
Marion Fellows
Scottish National Party, Motherwell and Wishaw
I thank my hon. Friend for that Intervention. Yes, I am very aware that the regius professor of law at the University of Glasgow made that very point to the Justice Committee. There has been widespread disquiet; I think the Chair of that Committee, Sir Robert Neill, would agree that no one in the legal profession really wants this Bill. It is breaking all precedent, but for a really good reason.
Postmasters have suffered. Robert Thomson, the postmaster who was going to be sitting in the Gallery, was convicted in 2006 while his mother was still alive. He is the man who had to talk to his sons and tell them, “I might not be here tomorrow.” He did not go to prison, but he could not get a job that gave him the income that he had when he was a postmaster. He has been in penury, his life has been turned upside down, and his children have suffered enormously. That is the case for so many sub-postmasters across the United Kingdom: they did nothing wrong, yet people were pointing at them in the street and whispering. Another sub-postmaster who was going to be in the Gallery watching us all today had to move back to his hometown because, five years later, he heard people in the supermarket saying, “There’s the guy who stole from the Post Office.” This kind of thing never leaves those victims—they will carry it to their dying day. Robert Thomson’s mother died before her son spent two years going through the Scottish courts to be exonerated.
Every time I have been in this place when any legal issue comes up, I am told that this Parliament is sovereign. Well, prove it: put the provisions of this Bill into Scotland-wide use as well. [Interruption.] Members can stand at the back, smile and snigger, but I mean it—it is absolutely disgraceful that you are saying to Scottish sub-postmasters who were convicted that they cannot get justice at the same time as their English, Welsh and Northern Irish counterparts. This is a Westminster problem. Westminster must and should sort it out, and it is easily done. Ask for a legislative consent motion, and you will get it. The Scottish Parliament will put a Bill through to exonerate these postmasters, but it cannot do it—it cannot mirror exactly what is done in this place—until this Bill has gone through all of its stages.
Joanna Cherry
Shadow SNP Spokesperson (Justice and Home Affairs), Chair, Human Rights (Joint Committee)
Having regard to the evidence of Professor Chalmers, who of course is regius professor of criminal law at Glasgow University—that addressing this problem would be best done in this place—does my hon. Friend agree that we often hear sanctimonious lectures from the UK Government about how Scotland’s two Governments should work together to benefit Scotland? This legislation deals with a problem made on the UK Government’s watch; is it not the perfect example of an issue on which Scotland’s two Governments should act together, with the UK Government taking the lead in the same way that they have done for Northern Ireland and the Scottish Government consenting, so that we can get justice done swiftly for Scottish postmasters and postmistresses in the same way as it has been done for other people in this glorious Union that Tory Members are always telling us about?
Marion Fellows
Scottish National Party, Motherwell and Wishaw
Yes. I was appalled, upset and disturbed by the fact that the Scottish Government had been trying to contact Westminster Ministers to get this Bill to cover Scotland as well, and there was no comeback and no correspondence—nobody bothered. One afternoon, within a two-hour period, the Minister—who I greatly admire, as he knows; I have a very good working relationship with him—was able to phone the Northern Irish First Minister, Deputy First Minister and Justice Minister.
Kevin Hollinrake
Minister of State (Department for Business and Trade)
I thank the hon. Lady for giving way. I have met the Scottish justice Minister twice online; the reason I met the Northern Ireland Ministers physically is that they came here to Parliament to meet us.
May I push back on something that the hon. Lady said a few moments ago? She said that this Parliament is sovereign. Absolutely, it is sovereign, but on these matters, her Parliament is also sovereign. [Interruption.] Clearly, as she said earlier in her remarks, there is legal controversy on these matters—she has admitted that herself. This Parliament is taking the legal risk in that area, but is the hon. Lady aware of her Lord Advocate’s position on this particular matter? These are her actual words:
“It is important to recognise that, in Scotland, there is an established route of appeal in circumstances such as this…and that due process must be followed.”—[Scottish Parliament Official Report,
c. 14.]
Does the hon. Lady not believe that in that situation, her Parliament should act to overturn these convictions?
Rosie Winterton
Deputy Speaker (First Deputy Chairman of Ways and Means)
I am quite anxious that we do not have too many long interventions so that, if hon. Members want to catch my eye, there is plenty of time for debate.
Marion Fellows
Scottish National Party, Motherwell and Wishaw
Madam Deputy Speaker, I hate to disagree with you—as you know, I do not do that—but there will be no more time for some Members to speak on this Bill if it does not include Scotland. In his Intervention, the Minister said that the Scottish Parliament is sovereign—well, there is a surprise. We on the SNP Benches all want Scotland to be sovereign, but it is the people who have sovereignty in Scotland, not the Parliament.
We are dancing on the heads of pins, Madam Deputy Speaker, which is not my intention. It is very clear—so clear that it is transparent— that party politics is involved in all of this. Six days ago, the Secretary of State for Business and Trade described the Scottish Parliament as lazy, and asked why it did not put through its own legislation. Believe me, it can and it will if it has to, but why should Scottish postmasters wait longer for justice? On Second Reading in this place, I said that there was likely to be to-ing and fro-ing, and that it would probably be July before this Bill is passed.
Peter Grant
Shadow SNP Spokesperson (Europe)
On behalf of my constituents who have been affected by this scandal, I thank my hon. Friend for the astonishing amount of work she has done in this area. Is it not the case that, while it would certainly create issues for the legal officers in Scotland if Scotland were included in this Westminster Bill, a Bill in the Scottish Parliament would create exactly the same issues for them? The concern for legal officers on both sides of the border is that they do not like it when parliamentarians overturn the decisions of the courts, but it has to be done this time, because some of the postmasters will not live to see their compensation if we do not get on with it soon.
Marion Fellows
Scottish National Party, Motherwell and Wishaw
I thank my hon. Friend for that Intervention. I heard the Minister chuntering from a sedentary position that Scottish Ministers should take responsibility for this.
Kevin Hollinrake
Minister of State (Department for Business and Trade)
indicated assent.
Marion Fellows
Scottish National Party, Motherwell and Wishaw
They will, but they did not cause the need for this Bill. This is a Westminster issue and should be sorted out here.
Madam Deputy Speaker, I am incensed—people may have realised that. This is not fake anger: this is a real issue for those men who came down here today. They were representative of the 100 sub-postmasters and mistresses in Scotland, and we have not even started to talk about the effect on their families and those who have died. Two years it took Robert Thomson to go through court, during which time his mother died, and it is the same story right across all the postmasters who have lost family members, and postmasters have committed suicide. This has to be sorted.
I go back to my original point. Scottish postmasters will be behind the curve when it comes to applying for the due compensation they are entitled to if they are not exonerated at the same time as the rest of the postmasters in the UK. This is a piece of nonsense. Get it done for Scotland. The Government have done it for Northern Ireland. Get it done for Scotland.
Kevin Hollinrake
Minister of State (Department for Business and Trade)
6:20,
29 April 2024
I thank Marion Fellows for her remarks and her engagement. It has always been a pleasure to work with her both in the Chamber and in other areas. Yes, we have worked cross-party, and I have been very keen to do that all the way through on these matters, but that does not of course mean we always agree.
I was very grateful to have the opportunity to meet the hon. Lady earlier with the Scottish postmasters she referred to. I am sorry that they have not been able to attend this debate. However, at that point I was able to explain to those postmasters why the Government oppose this motion, as our position remains unchanged that this Bill should not be amended to include Scotland.
Marion Fellows
Scottish National Party, Motherwell and Wishaw
I just want to ask the Minister: what did the Scottish postmasters say to you—
Rosie Winterton
Deputy Speaker (First Deputy Chairman of Ways and Means)
Order. The hon. Lady knows she must not refer directly to the Minister in that way, but do so through the Chair.
Marion Fellows
Scottish National Party, Motherwell and Wishaw
I beg your pardon, Madam Deputy Speaker. What did the Scottish sub-postmasters say to the Minister this afternoon? Were they pleased, were they happy and did they feel they were getting justice through this action?
Kevin Hollinrake
Minister of State (Department for Business and Trade)
I listened to the postmasters very carefully, and of course they would prefer us to legislate in the way the hon. Lady describes. I set out very clearly the reasons why we would not do so, and I think they heard the concerns we raised about how we think we should proceed.
Scotland has a historically separate legal jurisdiction, and the Lord Advocate and the Crown Office and Procurator Fiscal Service have a unique role in prosecutions in Scotland. We feel it is more appropriate for the Scottish Government to bring forward proposals to address prosecutions on this matter in Scotland, and for those to be scrutinised by the Scottish Parliament. The First Minister has previously made public comments suggesting that the UK Government’s approach to the criteria in our legislation was too broad in relation to the convictions it would quash. He is reported, in The National on
“to make sure that people who have genuinely committed a crime…do not then have access to…compensation.”
We have been clear from the start that there is a real risk of that happening with our approach.
Joanna Cherry
Shadow SNP Spokesperson (Justice and Home Affairs), Chair, Human Rights (Joint Committee)
Has the Minister taken the time to read the evidence taken at the Justice Committee when Professor Chalmers said that the purpose of the Bill is to make sure convictions can be quashed so that innocent people can be compensated? The scandal originated with a faulty computer system and dubious investigatory procedures within a UK-wide institution. The scheme for compensation is to be UK-wide, so the paving legislation should be UK-wide, too. That is the opinion of the regius professor of criminal law at the University of Glasgow. Has the Minister given that any thought, and can he tell me why it is wrong?
Kevin Hollinrake
Minister of State (Department for Business and Trade)
I thank the hon. and learned Member for her point, and I heard the points she raised earlier. It is very clear that all that is required for someone to access the compensation is the overturning of a conviction, and that can be done by means chosen by the Scottish Parliament or the means that have been chosen by the UK Parliament. There will be identical access to the compensation schemes: it makes no difference by whatever mechanism those convictions are overturned.
As I said earlier, the Lord Advocate has said very clearly that
“It is important to recognise that in Scotland, there is an established route of appeal in circumstances such as this…and that due process must be followed.”—[Scottish Parliament Official Report,
c. 14.]
She is of course entitled to that view. These are difficult political choices, which we have taken in defining the cohort criteria, and it is right that responsible Ministers remain accountable for those decisions. The buck stops here, and it must also stop with the Scottish Government.
Chris Stephens
Shadow SNP Spokesperson (Immigration), Shadow SNP Spokesperson (Justice)
I am confused at the inconsistency here, so perhaps the Minister could help us. The Government are putting through a Criminal Justice Bill that impacts on Scotland, which has required the Scottish Parliament to pass a legislative consent motion for that Bill. So if it is good enough for the Criminal Justice Bill going through this place, why is it not good enough for this Bill to go through this place?
Kevin Hollinrake
Minister of State (Department for Business and Trade)
As I said earlier, Scottish Ministers have the responsibility and the means to be able to form this legislation. We think it is important that they take responsibility for their decisions in this area, given the nature of these issues.
Kevin Hollinrake
Minister of State (Department for Business and Trade)
I will make some progress, if I may.
I note that the First Minister stated on
The UK Government remain committed to supporting the Scottish Government to progress their own approach to their legislation. I have met Scottish Government Ministers multiple times since this Bill was introduced, and officials at the Department for Business and Trade and the Ministry of Justice hold weekly meetings with officials in the Scottish Government to discuss these issues.
In conclusion, I remain of the view that the Scottish Government should introduce their own legislation to quash convictions in their jurisdiction. As such, the Government oppose this motion.
Rushanara Ali
Shadow Minister (Investment and Small Business)
6:26,
29 April 2024
The Horizon scandal is one of the most egregious miscarriages of justice in British history, and it has robbed sub-postmasters of their lives, their liberty and their livelihoods. We welcome the Government’s inclusion of Northern Ireland in the territorial scope of this Bill following our representations, including on Second Reading.
We agree that sub-postmasters in Scotland who have been victims of this devastating scandal need urgent exoneration and compensation as much as cases in England, Wales and Northern Ireland. I want to commend Marion Fellows for her work in tirelessly campaigning for victims across the United Kingdom, especially in Scotland, and her work in the APPG. However, the case of Scotland’s inclusion provides a unique set of issues. Unlike in Northern Ireland, there has not been united support for Scotland’s inclusion in the Bill. Both the Scottish judiciary and a number of MSPs have publicly opposed this course of action.
Marion Fellows
Scottish National Party, Motherwell and Wishaw
Does the hon. Lady agree with me that many people in England, Wales and Northern Ireland have vociferously opposed the Bill, but actually understand, as people do in Scotland, that it is necessary and that it is a pragmatic solution to a situation that has been going on for far too long?
Rushanara Ali
Shadow Minister (Investment and Small Business)
I thank the hon. Lady for her Intervention, but the reality is that this is a very unusual Bill, and there are serious issues, which we will go on to debate, about the separation of powers between the legislature and the judiciary.
In a context where, as I have said, there is disagreement between the judiciary and the legislature in Scotland, we believe it is not appropriate for the United Kingdom Parliament to overrule the Scottish judiciary. It should be for Holyrood to make that call and pass a mirror Bill. Therefore, we intend to abstain on this motion to include Scotland.
Alistair Carmichael
Liberal Democrat Spokesperson (Home Affairs), Liberal Democrat Spokesperson (Justice), Liberal Democrat Spokesperson (Northern Ireland)
6:29,
29 April 2024
I thank Marion Fellows for organising the briefing for us today. I attended it; I think there was only one sub-postmaster and one solicitor present at the time, but it was useful to hear from them. I pay tribute, as I have done before, to her for the work that she has done.
I suppose it is a consequence of the motion before the House that we have emphasised its procedural aspects more heavily than the outcomes, but the House today needs to focus on the best possible outcomes for sub-postmasters. If there had been insistence on the Northern Ireland Assembly drawing up legislation, that would have required a 12-week minimum statutory consultation period, and that would have produced a worse outcome for sub-postmasters in Northern Ireland. For that reason, I thought that the direction in which the Minister moved was absolutely sensible.
I am afraid that I do not take the same view on the position in Scotland. Including Scotland in the Bill would leave unresolved issues, and the Bill would therefore leave Scottish postmasters in a poorer position than those in the rest of the country.
Alistair Carmichael
Liberal Democrat Spokesperson (Home Affairs), Liberal Democrat Spokesperson (Justice), Liberal Democrat Spokesperson (Northern Ireland)
Will the hon. and learned Lady let me explain why I take that view? On
“The vast Majority of the cases that may be affected by the issue were cases in which the accused pled guilty to the offence. Often, those pleas were tendered under legal representation. Although it is impossible to comment on every case, prosecutors do not mark cases to proceed in the absence of corroboration—they simply do not do that. Defence solicitors do not advise clients to plead guilty in the absence of corroboration. In cases that proceed to trial, the sheriffs do not convict in the absence of corroboration. As a result, it is reasonable to infer that, in cases that resulted in a conviction—whether by guilty plea or conviction after trial—other evidence was available that was capable of supporting the finding of guilt…As I have explained, not every Horizon case will involve a miscarriage of justice. In some cases, there was sufficient evidence to support a criminal conviction.”—[Scottish Parliament Official Report,
c. 22-27]
That is the view and analysis of the Lord Advocate. Essentially, what she is saying—I have always believed that this is right—is that because of the way that the Laws of evidence and procedure operate in Scotland, and in particular because of the need for corroboration, qualitative safeguards that bring better outcomes are available to people who are before the Scottish courts. The presence of corroboration is an important part of Scots law, and the Lord Advocate is right to highlight that. As she has raised these issues, I believe that it is better for legislation to be made in the Scottish Parliament, where the equivalent to this stage would take place in a committee, and not in the Chamber, as is the case here; again, that is preferable.
Joanna Cherry
Shadow SNP Spokesperson (Justice and Home Affairs), Chair, Human Rights (Joint Committee)
Does the right hon. Gentleman not appreciate that the concerns that the Lord Advocate has expressed are similar to those expressed by lawyers from across these islands about this legislation? Ultimately, it is Parliament’s decision whether to exonerate. Has he read the evidence given to the Criminal Justice Committee, and does he disagree with Professor Chalmers, who said that the purpose of the Bill is to make sure that convictions can be quashed, so that innocent people can be compensated quickly; that the scandal originated with a faulty computer system and dubious investigating procedures in a UK-wide institution; and that the scheme for compensation is UK-wide, so the paving legislation should be UK wide? That is not my opinion; it is the opinion of one of Scotland’s most pre-eminent criminal lawyers, the regius professor at Glasgow. Can the right hon. Gentleman tell me why he is wrong?
Alistair Carmichael
Liberal Democrat Spokesperson (Home Affairs), Liberal Democrat Spokesperson (Justice), Liberal Democrat Spokesperson (Northern Ireland)
The hon. and learned Lady has said herself that this is a matter of opinion. I put great confidence in the opinion of Professor Chalmers, but I come to a different conclusion, because the route to conviction lay through civil servants employed by the Scottish Government—[Interruption.] As the hon. and learned Lady reminds us, almost three decades ago, I was one of them, so I understand perfectly how the system works, and I also understand that if I ever got it wrong—incredible though that suggestion may seem—the accountability for my mistake would be through the Lord Advocate.
Peter Grant
Shadow SNP Spokesperson (Europe)
I note that nobody has challenged the very important point that because the Scottish legislation has to mirror UK legislation, it cannot be passed until this Bill has had Royal Assent. The right hon. Gentleman has experience of the system; in his experience, once the Scottish Parliament can start considering legislation, what would be the minimum delay before Scotland caught up? Secondly, does he agree that it would be outrageous for anyone to try to shut down the Scottish Parliament in the meantime, to build in further unnecessary delay?
Alistair Carmichael
Liberal Democrat Spokesperson (Home Affairs), Liberal Democrat Spokesperson (Justice), Liberal Democrat Spokesperson (Northern Ireland)
I am intrigued to know what that final question about shutting down the Scottish Parliament is about, but it is open to the Scottish Parliament to deal with such matters through an emergency procedure. That would be sensible, and it would bring sub-postmasters across the whole United Kingdom to exactly the same place at the end of the day. That can be done in a matter of days, as I am sure the hon. Gentleman is aware. We have heard from others that the legislation is drafted and ready to go, so as a matter of politics, what is it that the Scottish National party does not want to admit?
Marion Fellows
Scottish National Party, Motherwell and Wishaw
As far as I am concerned, and as far as the SNP is concerned, politics does not come into this. It is about getting justice for Scottish sub-postmasters and postmasters across the rest of the United Kingdom at the same time.
Rosie Winterton
Deputy Speaker (First Deputy Chairman of Ways and Means)
I want to make it clear that interventions need to be questions to the person making the speech.
Marion Fellows
Scottish National Party, Motherwell and Wishaw
Does the right hon. Gentleman not agree?
Rosie Winterton
Deputy Speaker (First Deputy Chairman of Ways and Means)
The hon. Lady has got it!
Alistair Carmichael
Liberal Democrat Spokesperson (Home Affairs), Liberal Democrat Spokesperson (Justice), Liberal Democrat Spokesperson (Northern Ireland)
The hon. Lady knows that I agree with her a lot more than either of us would ever admit, but on this matter, there is clearly a difference of opinion. The decision on whether the route to exoneration should be through the Scottish Parliament or through this place is a political choice.
Joanna Cherry
Shadow SNP Spokesperson (Justice and Home Affairs), Chair, Human Rights (Joint Committee)
I sense that the right hon. Gentleman is reaching his peroration, and as we are both Scots lawyers, I wonder if he will join me in correcting the Labour party spokesperson, Rushanara Ali. She said repeatedly that the Scottish judiciary did not want this legislation. The right hon. Gentleman will know that the Scottish judiciary, like the English judiciary, would never comment on the desirability of legislation. Does he agree that the hon. Lady was getting mixed up with the Lord Advocate? Perhaps she should have a chance to correct the record later, because it is very important that the House does not give the impression that the Scottish judiciary have been criticising Parliament when they have not.
Alistair Carmichael
Liberal Democrat Spokesperson (Home Affairs), Liberal Democrat Spokesperson (Justice), Liberal Democrat Spokesperson (Northern Ireland)
I say gently to the hon. and learned Lady that the Scottish judiciary would never comment publicly because, in my experience, they have ways of making their views known. But she is right to point out that on this occasion, the Opposition spokesperson confused the office of the Lord Advocate with the judiciary. I would say to the hon. and learned Lady, however, that that in itself demonstrates to me the need for this matter to be dealt with where the expertise lies, which is the Scottish Parliament.
Sammy Wilson
Shadow DUP Spokesperson (Brexit), Shadow DUP Spokesperson (Treasury), Shadow DUP Spokesperson (Work and Pensions)
6:39,
29 April 2024
I find myself in the unusual position of supporting an SNP motion. It is probably the first time; I suspect it will be the last. Marion Fellows has shown her dedication to the people whom she represents. I have sat in Committee with her, and I have listened to her in debates, and I know how passionately she feels about this matter. She is not, in my view, just making a political point; she honestly believes that postmasters and postmistresses in Scotland who have been wronged by the Post Office, which carelessly dealt with her cases, deserve the same justice as those in Northern Ireland, England and Wales.
I appreciate the fact that the Minister listened to voices from Northern Ireland. Since coming into his position—this matter has gone on for a long time—he has been dedicated to resolving the issue, and I praise him for that, but we have one last part of the jigsaw that needs to be dealt with. It could be dealt with by including Scotland in the Bill, as Northern Ireland has been included.
Christine Jardine
Liberal Democrat Spokesperson (Cabinet Office), Liberal Democrat Spokesperson (Scotland), Liberal Democrat Spokesperson (Women and Equalities)
Like others who have spoken, I pay tribute to Marion Fellows for the work that she has done. We all feel for the postmasters throughout Scotland, but does the right hon. Gentleman accept that a lot of people in Scotland watching this are wondering why the SNP’s argument is not with the Lord Advocate, the person responsible for this delay? Why are SNP Members bringing it here? Why are their Government not taking this up with the Lord Advocate?
Sammy Wilson
Shadow DUP Spokesperson (Brexit), Shadow DUP Spokesperson (Treasury), Shadow DUP Spokesperson (Work and Pensions)
I do not know about the relationship between the Lord Advocate and the Scottish National party, but I do know that a remedy is going through this House today that could dispense with whatever differences there might be in Scotland, and deal with an issue that all of us in this House are agreed needs to be dealt with quickly.
I have listened to the argument made by the Minister and others that due process needs to be followed. Indeed, I have listened to Mr Carmichael, who said, “You have to remember that the Scottish system is different. The level of proof in Scotland is different. There was greater information available.” The implication is that when the Scottish Parliament considers this, it might come to the conclusion that some of the convictions were safe, and some postmasters and postmistresses would not be exonerated at all. We have not taken that view for the rest of the United Kingdom. Indeed, some judges have argued that not all the convictions were unsafe, but we have decided that given how the whole Horizon situation was dealt with, it is fair that we take the view that the problems may affect some people who were rightly convicted and do not start going through each case. I remember that an argument made by a number of Members here was, “Why don’t we do this case by case?”
Douglas Ross
Conservative, Moray
The situation is different in Scotland; the Lord Advocate’s position is exactly that she does not want to risk one person who was rightly convicted being exonerated. It is therefore impossible for Scotland to follow the same route as us at the moment. As was detailed in the Scottish Parliament earlier this year, the Lord Advocate is against mass exoneration. Until she changes her position and the advice that she gives to the Scottish Government, it is impossible for them to follow what we are doing in the House of Commons through this Bill.
Sammy Wilson
Shadow DUP Spokesperson (Brexit), Shadow DUP Spokesperson (Treasury), Shadow DUP Spokesperson (Work and Pensions)
I do not know whether the hon. Gentleman was not listening to me, but I made the point that although there may be cases in other parts of the United Kingdom that are in the same situation, given the exceptional circumstances, we are prepared to exonerate. If the Lord Advocate’s position is as he says, fair enough, but Parliament is making this decision for people in England, Northern Ireland and Wales. As the Bill is available to us, we should apply it to people in Scotland as well.
Peter Grant
Shadow SNP Spokesperson (Europe)
I am grateful to be given the chance to make possibly the only supportive Intervention I will ever make on the right hon. Gentleman. Does he not agree that if the possibility of a single guilty person walking free was really such a barrier, we would never have the requirement for guilt to be proven beyond reasonable doubt not only in Scotland, but in England, Wales and Northern Ireland? In a judicial system, we accept that it is better for a guilty person to go free than for an innocent person to go to jail.
Sammy Wilson
Shadow DUP Spokesperson (Brexit), Shadow DUP Spokesperson (Treasury), Shadow DUP Spokesperson (Work and Pensions)
I will move on because Madam Deputy Speaker is catching my eye.
Patricia Gibson
Shadow SNP Spokesperson (Environment, Farming, Agriculture and Rural Affairs)
Will the right hon. Gentleman give way?
Sammy Wilson
Shadow DUP Spokesperson (Brexit), Shadow DUP Spokesperson (Treasury), Shadow DUP Spokesperson (Work and Pensions)
I will not, because I just want to make two more points. First, the Minister has said, “It can be done quickly through the Parliament in Scotland.” The Scottish Parliament cannot start the process until the law has gone through here. I think I can say this, although some SNP Members might not be able to: the situation in Scotland at the moment does not look good for getting legislation through quickly for any reason, because of the uncertainty around the leadership, what will happen and what support there will be. There is a parallel with the situation we had in Northern Ireland. One of the arguments we made was over special circumstances, with the Assembly just being set up again and the delay that might cause. The Minister’s argument could mean further delay in getting justice for postmasters and postmistresses in Scotland.
Kevin Hollinrake
Minister of State (Department for Business and Trade)
May I just point out that the legislation apparently has already been drafted for Scotland? There is no requirement for Scotland’s legislation to mirror our legislation; that would be up to the Scottish Parliament, and it is clear that is the case. Will the right hon. Gentleman accept that it is not just the Lord Advocate who is against what we are doing? The First Minister himself said, as I said earlier, that people with safe convictions should not have access to compensation. We are clear that the route we are taking raises that likelihood. It is therefore only right that the Scottish Parliament takes this decision.
Sammy Wilson
Shadow DUP Spokesperson (Brexit), Shadow DUP Spokesperson (Treasury), Shadow DUP Spokesperson (Work and Pensions)
That has been the Minister’s position throughout the discussions we had earlier. I am still arguing for including Scotland, on the basis of consistency, fairness, speed and the political signal we should be sending to people in Scotland. No SNP Member will make this point, but I will. We have already heard in this debate that this is more of a political decision. The Scottish National party feels that it is being got at—sometimes it deserves to be got at—but my point is this: when there is a mechanism to avoid it, why create a sense of victimhood? People feel they have been got at and have been treated differently when they could have been treated in the same way as the rest of the United Kingdom. I do not think there is any political merit in excluding Scotland from this legislation. For the people who have been wronged in the Horizon scandal, for the people who have had their reputations damaged, and for the picture of this Parliament as a fair Parliament, dealing with people right across the United Kingdom who have been affected by a United Kingdom problem, I believe this motion should be passed today and Scotland should be included along with Northern Ireland.
Michael Shanks
Shadow Minister (Scotland)
6:48,
29 April 2024
I start by paying tribute to several people across this House from a number of different parties. When I arrived here last year, I could tell they had already been working hard on this issue, including my right hon. Friend Mr Jones and Marion Fellows. There is consensus across the House that this huge injustice must be righted. The question, as we have heard from a number of people, is how that is done in Scotland, and that is what I want to speak to briefly.
I want to make two points. First, there is the question of speed, which we have heard about a number of times, but more importantly, there is the question of accountability. Accountability is important. The Scottish Parliament has responsibility for justice in Scotland. Scotland has always had a separate legal system—since long before the Scottish Parliament was re-established—and, as we have heard, there are the questions of the Lord Advocate’s position, of how convictions were taken forward not by the Post Office by but by the Crown, of the basis of evidence used—
Marion Fellows
Scottish National Party, Motherwell and Wishaw
Will the hon. Gentleman give way?
Michael Shanks
Shadow Minister (Scotland)
May I make a bit of progress? I will then give way.
There is also the question of the evidence used around corroboration. There are differences in the convictions.
More importantly, the hon. Member for Motherwell and Wishaw spoke about one of the organisations involved—the Scottish Criminal Cases Review Commission, which she rightly said was the body that brought cases for review in Scotland—but she did not mention the accountability aspect. The commission was created by an Act of the Scottish Parliament, is responsible to the Scottish Parliament and gets its budget from the Scottish Government. There is a clear line of accountability between the Scottish Justice Secretary, the Scottish Government and the bodies responsible for reviewing these convictions, so the accountability is clearly with the Scottish Parliament.
Joanna Cherry
Shadow SNP Spokesperson (Justice and Home Affairs), Chair, Human Rights (Joint Committee)
May I put it to the hon. Gentleman that he is completely misunderstanding what we are dealing with? We are dealing with absolutely extraordinary legislation that is quashing convictions as a gateway to compensation. Giving us a lecture of dubious accuracy on the lines of accountability of the Crown Office in Scotland does not address that. This legislation is going over the head of the Crown Prosecution Service in England, just as it would go over the head of the Crown Office in Scotland. Why cannot he appreciate that point? Is it because he is playing politics with the issue, like his Front-Bench colleagues?
Michael Shanks
Shadow Minister (Scotland)
The suggestion of dubious lectures coming from the Scottish National party is slightly misguided. I accept the point that the legislation goes above normal legal precedent, but there is no reason why the Scottish Parliament could not invoke its emergency Bill procedures as it has done in the past, recognising that this is an extraordinary situation.
Kevan Jones
Labour, North Durham
Marion Fellows clearly does not understand how prosecutions are done in the UK—sorry, in England. [Interruption.] Well, not in England. In England, the Post Office took the prosecutions—they never went through the CPS. In Scotland, they did actually go through the Crown Office and the Advocate General. That is the difference. In terms of where decisions were taken and the people who reviewed cases before they went to court, the cases are not similar.
Michael Shanks
Shadow Minister (Scotland)
That is absolutely right. The key point is that there is no question about the Post Office being held to account for the institutional levels of cover-up—
Marion Fellows
Scottish National Party, Motherwell and Wishaw
Will the hon. Gentleman give way?
Michael Shanks
Shadow Minister (Scotland)
May I just make the point and then I will give way? The Post Office must be held to account for that institutional cover-up, and it is the responsibility of this place and the inquiry to look into that, but the prosecutions in Scotland were taken forward by the Crown Office, which is responsible to the Scottish Parliament. That is the point that I am making about accountability.
Marion Fellows
Scottish National Party, Motherwell and Wishaw
Would the hon. Gentleman agree that accountable for all of this is Post Office Ltd, which is wholly owned by the UK Government as its single shareholder, and that the UK Government took their eye off the ball, did not follow through, and took years to admit that there was a problem in the first place, and that if the UK Government caused this, they should fix it?
Michael Shanks
Shadow Minister (Scotland)
I am happy to agree with the hon. Lady about the responsibility of Post Office Ltd—I said that a few moments ago—but the prosecutions based on that Post Office evidence were taken forward by the Crown Office. There is responsibility to go around here. [Interruption.] I will just answer the point, if that is okay.
The evidence absolutely came from a flawed system, and Post Office Ltd must be held to account. That does not deal with how prosecutions in Scotland were taken forward not just on evidence from Horizon but with corroboration from other sources.
Patricia Gibson
Shadow SNP Spokesperson (Environment, Farming, Agriculture and Rural Affairs)
I wonder whether the hon. Member shares my distaste at some of the things said in the Chamber today, including that we cannot bring this legislation forward in Parliament today because some of the postmasters in Scotland might indeed be guilty of theft and that we have to tread carefully. That bar has not been placed on postmasters elsewhere in the UK.
Michael Shanks
Shadow Minister (Scotland)
I would share that distaste, but those comments were reflecting what the Lord Advocate has said. I have letters from the Lord Advocate in my hand that repeat that point a number of times. Of course, the Lord Advocate sits around the Cabinet table with, I think—I will need to check—the current First Minister, Humza Yousaf.
Michael Shanks
Shadow Minister (Scotland)
No. I have taken a lot of interventions and am going to make a bit of progress.
My second point is about timing. I do not accept the SNP’s argument at all that the timing is an issue. I have heard the Minister make the point on a number of occasions that the compensation regime will be available to people who have been exonerated—by whatever means that is—at the moment they are exonerated, so there is no question about that.
On the point about the Scottish Parliament not being able to rush through legislation, it does not have the same processes as the Northern Ireland Assembly—it does not have to go through a lengthy consultation process—so it could introduce a Bill tomorrow and have it passed before there is a vote on any of the confidence motions on Thursday. Indeed, in 2020, the Scottish Parliament passed an emergency Bill on covid—a considerably more difficult piece of legislation, stretching to 138 pages—in just two days, and the idea that this Bill is somehow more complicated than that is ridiculous.
There is no reason why the Scottish Parliament cannot take responsibility and introduce a Bill now. Indeed, if there was a question about not being able to finalise the Bill until the UK Bill had passed, the Scottish Parliament could take it all the way to the final Amendment stage and amend it as necessary. But actually, again, the Minister has said that the Scottish Bill does not have to mirror directly the UK legislation for people to have access to the same compensation, which is what the hon. Member for Motherwell and Wishaw and I both want to see.
If the SNP is unwilling to act in the Scottish Parliament to introduce the Bill, my colleague Michael Marra MSP has already drafted a Members’ Bill and will introduce that Bill this week.
Michael Shanks
Shadow Minister (Scotland)
If the SNP is unable to act, there will be no more dithering and there will be no more delays, because Labour will act. For that reason, I will not be supporting the SNP motion.
Marion Fellows
Scottish National Party, Motherwell and Wishaw
On a point of order, Madam Deputy Speaker. At no time have the Scottish Justice Secretary or the Scottish Parliament said that they will not pass legislation—
Rosie Winterton
Deputy Speaker (First Deputy Chairman of Ways and Means)
Order. Michael Shanks has finished his speech. If the hon. Lady would like to make a few comments, she can. She does not need to do so through a point of order.
Marion Fellows
Scottish National Party, Motherwell and Wishaw
6:57,
29 April 2024
Thank you, Madam Deputy Speaker. I have here the Justice Secretary in Scotland’s remarks. She said:
“We remain crystal clear that the best way to achieve parity for the sub-postmasters across the UK who were convicted on the basis of tainted evidence from the Post Office Horizon system is for the UK Government’s Bill to be extended to Scotland, as it has been for Northern Ireland, just as we have been clear if this isn’t the case we will bring forward a Scottish bill that mirrors the UK bill as quickly as possible.”
Question put.
Division number 140
Post Office (Horizon System) Offences Bill: Instruction (Scotland)
The order paper is issued daily and lists the business which will be dealt with during that day's sitting of the House of Commons.
It provides MPs with details of what will be happening in the House throughout the day.
It also gives details of when and where the standing committees and select committees of the Commons will be meeting.
Written questions tabled to ministers by MPs on the previous day are listed at the back of the order paper.
The order paper forms one section of the daily vote bundle and is issued by the Vote Office
The Speaker is an MP who has been elected to act as Chairman during debates in the House of Commons. He or she is responsible for ensuring that the rules laid down by the House for the carrying out of its business are observed. It is the Speaker who calls MPs to speak, and maintains order in the House. He or she acts as the House's representative in its relations with outside bodies and the other elements of Parliament such as the Lords and the Monarch. The Speaker is also responsible for protecting the interests of minorities in the House. He or she must ensure that the holders of an opinion, however unpopular, are allowed to put across their view without undue obstruction. It is also the Speaker who reprimands, on behalf of the House, an MP brought to the Bar of the House. In the case of disobedience the Speaker can 'name' an MP which results in their suspension from the House for a period. The Speaker must be impartial in all matters. He or she is elected by MPs in the House of Commons but then ceases to be involved in party politics. All sides in the House rely on the Speaker's disinterest. Even after retirement a former Speaker will not take part in political issues. Taking on the office means losing close contact with old colleagues and keeping apart from all groups and interests, even avoiding using the House of Commons dining rooms or bars. The Speaker continues as a Member of Parliament dealing with constituent's letters and problems. By tradition other candidates from the major parties do not contest the Speaker's seat at a General Election. The Speakership dates back to 1377 when Sir Thomas Hungerford was appointed to the role. The title Speaker comes from the fact that the Speaker was the official spokesman of the House of Commons to the Monarch. In the early years of the office, several Speakers suffered violent deaths when they presented unwelcome news to the King. Further information can be obtained from factsheet M2 on the UK Parliament website.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
The House of Commons.
An Urgent Question, formerly a Private Notice Question (PNQ), is a question in the House of Commons of an urgent nature, for which no previous notice has been given, relating to a matter of public importance or the arrangement of business. An Urgent Question may be taken at the end of Question Time if it has been submitted to, and approved by, the Speaker. The Minister concerned must be notified before the question is asked. Private Notice Questions became Urgent Questions at the start of the 2002/03 session. Further information can be obtained from factsheet P1 on the UK Parliament website.
In a general election, each Constituency chooses an MP to represent them. MPs have a responsibility to represnt the views of the Constituency in the House of Commons. There are 650 Constituencies, and thus 650 MPs. A citizen of a Constituency is known as a Constituent
The Deputy speaker is in charge of proceedings of the House of Commons in the absence of the Speaker.
The deputy speaker's formal title is Chairman of Ways and Means, one of whose functions is to preside over the House of Commons when it is in a Committee of the Whole House.
The deputy speaker also presides over the Budget.
An intervention is when the MP making a speech is interrupted by another MP and asked to 'give way' to allow the other MP to intervene on the speech to ask a question or comment on what has just been said.
The political party system in the English-speaking world evolved in the 17th century, during the fight over the ascension of James the Second to the Throne. James was a Catholic and a Stuart. Those who argued for Parliamentary supremacy were called Whigs, after a Scottish word whiggamore, meaning "horse-driver," applied to Protestant rebels. It was meant as an insult.
They were opposed by Tories, from the Irish word toraidhe (literally, "pursuer," but commonly applied to highwaymen and cow thieves). It was used — obviously derisively — to refer to those who supported the Crown.
By the mid 1700s, the words Tory and Whig were commonly used to describe two political groupings. Tories supported the Church of England, the Crown, and the country gentry, while Whigs supported the rights of religious dissent and the rising industrial bourgeoisie. In the 19th century, Whigs became Liberals; Tories became Conservatives.
Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.
The Second Reading is the most important stage for a Bill. It is when the main purpose of a Bill is discussed and voted on. If the Bill passes it moves on to the Committee Stage. Further information can be obtained from factsheet L1 on the UK Parliament website.
In the process of debate, members of parliament need to stand up in order to be recognised and given a turn to speak, and then they formally make a speech in the debate. "From a sedentary position" is Commons code for "heckling".
To allow another Member to speak.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
The shadow cabinet is the name given to the group of senior members from the chief opposition party who would form the cabinet if they were to come to power after a General Election. Each member of the shadow cabinet is allocated responsibility for `shadowing' the work of one of the members of the real cabinet.
The Party Leader assigns specific portfolios according to the ability, seniority and popularity of the shadow cabinet's members.
Laws are the rules by which a country is governed. Britain has a long history of law making and the laws of this country can be divided into three types:- 1) Statute Laws are the laws that have been made by Parliament. 2) Case Law is law that has been established from cases tried in the courts - the laws arise from test cases. The result of the test case creates a precedent on which future cases are judged. 3) Common Law is a part of English Law, which has not come from Parliament. It consists of rules of law which have developed from customs or judgements made in courts over hundreds of years. For example until 1861 Parliament had never passed a law saying that murder was an offence. From the earliest times courts had judged that murder was a crime so there was no need to make a law.
The term "majority" is used in two ways in Parliament. Firstly a Government cannot operate effectively unless it can command a majority in the House of Commons - a majority means winning more than 50% of the votes in a division. Should a Government fail to hold the confidence of the House, it has to hold a General Election. Secondly the term can also be used in an election, where it refers to the margin which the candidate with the most votes has over the candidate coming second. To win a seat a candidate need only have a majority of 1.
The Opposition are the political parties in the House of Commons other than the largest or Government party. They are called the Opposition because they sit on the benches opposite the Government in the House of Commons Chamber. The largest of the Opposition parties is known as Her Majesty's Opposition. The role of the Official Opposition is to question and scrutinise the work of Government. The Opposition often votes against the Government. In a sense the Official Opposition is the "Government in waiting".
The House of Commons is one of the houses of parliament. Here, elected MPs (elected by the "commons", i.e. the people) debate. In modern times, nearly all power resides in this house. In the commons are 650 MPs, as well as a speaker and three deputy speakers.
The cabinet is the group of twenty or so (and no more than 22) senior government ministers who are responsible for running the departments of state and deciding government policy.
It is chaired by the prime minister.
The cabinet is bound by collective responsibility, which means that all its members must abide by and defend the decisions it takes, despite any private doubts that they might have.
Cabinet ministers are appointed by the prime minister and chosen from MPs or peers of the governing party.
However, during periods of national emergency, or when no single party gains a large enough majority to govern alone, coalition governments have been formed with cabinets containing members from more than one political party.
War cabinets have sometimes been formed with a much smaller membership than the full cabinet.
From time to time the prime minister will reorganise the cabinet in order to bring in new members, or to move existing members around. This reorganisation is known as a cabinet re-shuffle.
The cabinet normally meets once a week in the cabinet room at Downing Street.
The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.
A person involved in the counting of votes. Derived from the word 'tallier', meaning one who kept a tally.